~ Based on age, inhumane holding cell ~
PHILIPSBURG--Attorney at law Remco Stomp is seeking the suspension of the pre-trial detention of the owner of Topper's Restaurant H.A.D. based on, amongst other things, his client's advanced age and the inhumane holding cell in which he is currently held.
Stomp's move comes on the heels of the decision of the Judge of Instruction on Monday to grant the requested eight day extension of D's pre-trial detention on Monday. While D. was in front of the judge on Friday, a decision on the legality of his detention wasn't given until Monday.
Stomp said D's legal team immediately filed a request for the suspension of his pre-trial detention based on his considerable age of 75, his medical background, the "inhumane holding cell situation" and the fact that he holds no criminal record, amongst other factors.
It should be noted that a police press release issued following D's detention last week Wednesday stated that the businessman was 66-year-old. However, D's attorney said his client was born in November 1938 and is currently 75-years-old.
Stomp said the judge indicated that he saw no reason to suspend D's pre-trial detention and was not convinced that there are medical or other grounds to render D. unfit for detention, leading the legal team of the businessman to take immediate action.
D and his wife M.R.D. (48) were arrested last week Wednesday after police found a fully loaded .22 calibre handgun and a box with 83 bullets at one of their restaurants and a fully loaded .38 revolver at their home. M.R.D. was questioned and released the same day. Stomp subsequently told this newspaper that permits had been requested for the firearms, which were in "properly locked vaults" and were kept for "self-defence" as his clients had received death threats and had been the victims of multiple assaults. Police were acting on information received when they conducted the searches. Both firearms were confiscated.
